AG Chris Carr Reaches Settlement with Title Pawn Company to Resolve Allegations of Unlawful Practices
Tuesday, August 14th, 2018
Attorney General Chris Carr announced that Complete Cash Holdings LLC and its owner Kent Popham (together, “Complete Cash”) have entered into a settlement with the State of Georgia in response to allegations that it engaged in unlawful practices that violated the Georgia Fair Business Practices Act and the Georgia Pawn Shop Act.
“Consumers who seek out title pawns are already in financial straits,” said Attorney General Chris Carr. “Our office is committed to protecting vulnerable consumers from companies that try to take advantage of them through illegal actions.”
A title pawn is essentially a short-term, high interest rate pawn transaction that uses the clear title on a consumer’s vehicle as collateral. If a consumer defaults on his or her payments, the title pawn company’s only legal recourse is to require the consumer to turn over the car, or repossess it if the consumer refuses to do so voluntarily. The Attorney General’s Office alleges that when some of Complete Cash’s customers defaulted on their loans, the company sued them for the outstanding principal, interest and fees, which is not allowed in pawn transactions.
In resolution of these allegations, Complete Cash has entered into a settlement with the Attorney General’s Office requiring it to, among other things:
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dismiss all pending lawsuits against consumers in which it attempted to hold them personally liable for principal, interest, fees and/or other costs associated with a pawn transaction;
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have any judgments entered against such consumers set aside;
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have any garnishments based on such judgments dismissed;
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have any writs of fieri facias based on such judgments canceled and recorded;
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refund to such consumers all amounts that Complete Cash has obtained as a result of its judgments;
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pay $35,000 in penalties and fees to the State; and
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fully comply with the Georgia Fair Business Practices Act.
Should the company violate any terms of the settlement between now and December 1, 2020, it must pay the State an additional $35,000.